TOWN COUNCIL MAJORITY OFFICE
ORDINANCE COMMITTEE
JULY 19, 2011
PRESENT Chair Rich Kehoe, Councillors Bill Horan and Eric Thompson
ALSO Marcia Leclerc, Mayor
PRESENT Rich Gentile, Assistant Corporation Counsel
Frank Cassetta, Acting Human Resources Director
Denise Horan, Town Engineer
Ram Aberasturia, Town Councillor
CALL TO ORDER
Chair Kehoe called the meeting to order at 5:17 p.m.
APPROVAL OF MINUTES
February 23, 2011 Meeting
MOTION By Eric Thompson
seconded by Bill Horan
to approve the February 23, 2011 meeting minutes.
Motion carried 3/0.
OPPORTUNITY FOR RESIDENTS TO SPEAK
None
OLD BUSINESS
Flood Protection Committee
The Chair reviewed the previous discussion at the Ordinance Committee meeting indicating
that the federal government requires that a town designate a flood protection committee that
is charged with overseeing the inspection, maintenance and operation of the dike system.
The Committee reviewed a draft by Assistant Corporation Counsel Rich Gentile. There was a
concern about including in the ordinance, a reference to the position of Highway Services Manager
when such position potentially could be eliminated in any future reorganization. There were
additional edits made to the draft provided by Attorney Gentile, which became – with those
changes – the July 19, 2011 draft.
MOTION By Eric Thompson
seconded by Bill Horan
to send the July 19, 2011 draft of the Flood Protection Committee
ordinance to the Town Council for the purposes of setting a public
hearing date.
Motion carried 3/0.
FLOOD PROTECTION COMMITTEE ORDINANCE
July 19, 2011 DRAFT
(a) There is established a Flood Protection Committee, consisting of five four members: The Mayor, Public Works Director, Finance Director, Highway Services Manager and Town Engineer. The Committee shall periodically assess the condition and operation of the Town’s flood protection structures and facilities and provide its make recommendations concerning potential repairs, inspections, maintenance and alterations. The Mayor, or his/her designee, shall serve as the “Superintendent” of the Committee as such term is described in 33 C.F.R. 208.10(a)(2).
(b) The Town of East Hartford, in coordination with the Flood Protection Committee, shall be responsible for: (i) the inspection, operation, maintenance and
integrity of the Town’s flood protection structures and facilities including such during flood periods; (ii) inspection and maintenance of such structures and
facilities; and (iii) such other repair, inspection, maintenance, alterations and other actions with respect to such structures and facilities as may be required
by the Army Corps of Engineers pursuant to 33 C.F.R. 208.10 and the Department of the Army’s Operation and Maintenance Manual adopted by the Town
of East Hartford.
NEW BUSINESS
Dispensing of Alcohol on Town Property – Chapters 5 and 14
Rich Gentile, Assistant Corporation Counsel, explained a number of concerns regarding the
need to tighten up the town’s regulations regarding the dispensing of alcohol on town-owned
property, both at town sponsored events and events being held by third parties on town property.
There was also concern with the lack of clarity when the town is entering into a sponsorship with
a third party because often there is no written articulation of the duties and responsibilities of each
party. The Committee reviewed a draft ordinance and decided to agree on the following concepts:
(1) that the dispensing of alcohol on town-owned property, whether by the town or by a third party,
may only occur if a license has been procured from the Division of Liquor Control of the State of
Connecticut Department of Consumer Protection; (2) that liquor liability insurance has been obtained
in an amount set by the town’s Risk Manager which names the town as an additional insured; and
(3) that any event in which the town is a sponsor, or otherwise provides assistance to a third party,
shall include a written agreement between the town and the third party which specifies the town’s
contribution to the event or activity and the town’s legal responsibilities with regard to that event or activity.
The Committee agreed to review a draft from the Corporation Counsel’s office at a future meeting.
Section 2-115: Job Description for the Public Works Director
Frank Cassetta, Acting Human Resources Director, indicated that there was concern regarding the
current job description ordinance for the Director of Public Works. In particular, it requires that all
Public Works directors have a degree in either civil or professional engineering. The Committee
agreed that an engineering degree is too limiting. The overriding concern is that the director of public
works has knowledge of public works operations and supervisory skills.
The Committee reviewed the draft ordinance changes as presented to them by Mr. Cassetta. The
Committee agreed to delete the words “high level” because of a concern that such term is vague.
There should be minimum education and experience with a demonstration of the knowledge, skills
and supervisory abilities necessary to perform the functions of the position. The Committee also
reviewed additional changes being proposed to the job description in the ordinance that would comport
with the current job description of the public works director. The Committee agreed that it is unnecessary
for the ordinance to track word-for-word the job description because any change in that job description
would then necessitate a change in the ordinance. Rather the Committee agreed to add language at the
end of the listing of education and experience requirements that clarifies “the town may include such other
requirements as the town shall deem necessary or desirable”.
MOTION By Eric Thompson
seconded by Bill Horan
to send the July 19, 2011 draft of the revised job description for the Director
of Public Works ordinance to the Town Council for the purposes of setting a
public hearing date.
Motion carried 3/0.
Section 2-115. Application of Article
July 19, 2011 Draft
Director of Public Works. The Director of Public Works shall have a Bachelors Degree in Civil Engineering and a Professional Engineer’s License issued by the State of Connecticut, with at least five years of supervisory experience at a unit or division level. Relevant graduate training in management may be substituted for the work experience on a year for year basis, not to exceed two years. The Director of Public Works shall have a Bachelor’s degree in engineering, public administration or business management, or a related field and eight years of high level professional experience in engineering, public works administration, construction project management, and shall or any combination of
experience, education, and/or training that demonstrate the knowledge, skills and supervisory abilities necessary to perform the functions of the position. A Connecticut professional engineer’s license and/or a Master’s degree in public administration, business management, or a related field are desirable. Thorough knowledge of engineering and architectural procedures in building construction and operation, road and highway maintenance; a working knowledge of solid waste collection; knowledge of construction methods, materials and equipment; knowledge of laws and regulations related to public works programs and responsibilities; ability to plan, direct, and coordinate; ability to present technical information in a cldear, concise manner to non-technical persons; ability to deal effectively with staff, officials and members of the public; working knowledge of labor relations practices and procedures;
the ability to supervise; and such other requirements as the town shall deem necessary. ability to apply State, and Federal laws, Town Ordinances, Departmental policies, procedures, rules and regulations to determine necessary action; ability to digest, review, and disseminate large quantities of information to the proper authorities; ability to perform basic mathematical computations; knowledge of and ability to apply civil engineering and land surveying principles and practices; ability to apply the principles of construction inspection to solve practical field problems; ability to operate calculating, surveying equipment, drafting and other engineering equipment; ability to give clear, concise written and oral instructions and work effectively with staff, superiors and the general public; ability to understand municipal operations and their budgetary impact; must be able to access and process information contained in the file records and
computer databases.
ADJOURNMENT
MOTION By Eric Thompson
seconded by Bill Horan
to adjourn (6:22 p.m.)
Motion carried 3/0.
cc: Mayor Leclerc
Rich Gentile, Assistant Corporation Counsel
Frank Cassetta, Acting Human Resources Director
Denise Horan, Town Engineer
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